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ATWOOD v. CITY AND COUNTY OF DENVER

No. 09-1302.

MARTHA ATWOOD, as Personal Representative of the Estate of Charles Reed Atwood, deceased, Plaintiff-Appellee, v. CITY AND COUNTY OF DENVER, d/b/a Denver International Airport, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Field February 18, 2011.

ORDER AND JUDGMENT*

NEIL M. GORSUCH, Circuit Judge.

This case asks us to decide whether a local government is immune from tort liability under Colorado law. While Colorado law generally shields public entities from liability, it permits suits to proceed if and when they negligently "maintain" a public facility. Holding that this "maintenance" exception applied to the facts of this case, the district court allowed this...

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